When it comes to regaining possession of a property from a tenant who has breached the terms of their tenancy agreement, landlords often turn to an accelerated possession order. This legal process allows for a quicker resolution compared to standard possession proceedings, but it comes with its own set of costs that landlords need to consider. In this article, we will explore the various expenses associated with obtaining an accelerated possession order, commonly known as accelerated possession order cost.
Before delving into the specifics of the costs involved, it is important to understand what an accelerated possession order is and when it can be used. An accelerated possession order is a legal mechanism available to landlords in England and Wales who wish to evict tenants without having to prove grounds for possession, such as non-payment of rent or antisocial behaviour. This process is typically used when a tenant has breached the terms of their assured shorthold tenancy agreement, commonly by failing to pay rent or refusing to vacate the property after the tenancy has ended.
Now, let’s take a closer look at the costs associated with obtaining an accelerated possession order. The main expenses that landlords need to consider are:
1. Court fees: In order to file for an accelerated possession order, landlords are required to pay a court fee. As of 2021, the court fee for submitting an application for possession under Section 21 of the Housing Act 1988 is £355. This fee must be paid at the time of submitting the application and is non-refundable, even if the application is unsuccessful.
2. Legal fees: While it is possible for landlords to handle the accelerated possession order process on their own, many choose to seek legal assistance to ensure that all the necessary paperwork is completed correctly and to represent them in court if necessary. The cost of legal representation can vary depending on the complexity of the case and the fees charged by the solicitor or legal firm hired.
3. Bailiff fees: If the accelerated possession order is granted by the court and the tenant still refuses to vacate the property, the landlord will need to apply for a warrant of possession to have the tenant physically removed by a court-appointed bailiff. The current fee for applying for a warrant of possession is £121, payable to the court.
4. Loss of rental income: During the time it takes to obtain an accelerated possession order and evict the tenant, landlords may experience a loss of rental income if the tenant is not paying rent or if the property remains vacant. This loss of income should also be factored into the overall cost of pursuing an accelerated possession order.
5. Miscellaneous expenses: In addition to the above-mentioned costs, landlords may also incur other expenses such as travel costs to attend court hearings, copying and postage fees for document submissions, and any other associated costs that arise during the legal process.
It is important for landlords to carefully calculate the total cost of obtaining an accelerated possession order before proceeding with the legal process. While the expenses involved can add up, the speed and efficiency of an accelerated possession order can often outweigh the financial outlay, especially in cases where the tenant is causing significant damage to the property or is putting other tenants at risk.
In conclusion, obtaining an accelerated possession order can be a costly endeavor for landlords, but it is often a necessary step to regain control of a property from a problem tenant. By understanding the various costs involved and planning accordingly, landlords can navigate the legal process with confidence and ensure a successful outcome in reclaiming their property.